MERose wrote: ↑Tue Nov 15, 2022 9:54 pm
Hi! I have a question about references as per DocDB when the referenced part of the document is "claim 0". The documtation states 0 is the default value, indicating "the relevant claim is not known".
What does it mean when a patent A cites "claim 0" of patent B (as written in DocDB) under the following two different cases:
- the search report of patent A actually mentiones relevant claims of patent B. Example: EP2092826 citing JP2006213664
- patent A cites all claims of patent B (which is also indicated in the search report) and then addtionally claim 0. Example: EP2102306 citing US917503A
In both cases the explanation "the relevant claim is not known" doesn't seem right to me.
Hi,
In the patent world, "claim 0" is often used as a placeholder to indicate that the relevant claim is not specified or is unknown. However, in the two cases you mentioned, it seems that the use of "claim 0" in the references of patent A might not be accurate.
In the first case, when the search report of patent A mentions the relevant claims of patent B, it suggests that the relevant claims are known and "claim 0" might have been used mistakenly.
In the second case, when patent A cites all claims of patent B and then adds "claim 0", it suggests that the author of patent A might have wanted to include all claims of patent B as references, but also wanted to leave room for any additional claims that might be added in the future. In this case, "claim 0" can be seen as a placeholder for potential future claims.
It is important to note that the use of "claim 0" is not standardized and can vary depending on the specific context and the author's intention. It is always best to consult the patent itself and the search report for a more accurate understanding of the references.
MyInsite
Regards,
Danielsurry